Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1887-04-29

worn in my pants while there from carry
ing it." Witness said he had taken but one
cocktail the night he met Farnsworth in
the Merchants hotel. Continuing he said:
"When l left the bar to 60 to my
room, my. feelings toward Farnsworth
were as kindly as they, ever were. I
left around the bootblack's stand. AS 1
stepped forward | saw two gentlemen COM
ing toward me. did not recognize Farms
worth until got near him. / was sur
prised to see him there. put my hand
out and then drew it back and said: why,
you old thief He stepped aside, and as
from you, Frank 1 saw he had taken
what said in earnest. l told him
WAS ONLY JOKING.
l endeavored to apologize to him in a low
voice, telling him was only joking. He
turned on me and called me names-a -
and a id dirty --. He again turned
on me and said: You ID if you
are here in ten minutes 1 will wipe the
earth up with yOu,' and went out. l was
surprised at his conduct and went up to
my room. l came back in a few minutes
ana sat down in the lobby. In few min
street entrance. One of them stepped
aside, and, as he saw me, started for me.
When he got within ten or fifteen feet, l
saw it was Farnsworth. raised up and
stepped forward thought. he
WGua sts attempt to assault me-
me ID =, and will state here that
the only time l used the expression was
SIR. During the passage Of woyds Sdsi he esp spit
in my face, the spit filling my left eye.
While 1 was wiping the spit out he struck
me over the left eye with his fist. Then 1
drew my revolver, intending to strike him
temple: l was then conscious that was
seized by some one, don't know who, and
heard the report of a pistol. After this 1
have no further recollection OF anything
that occurred. When drew my pistol 1
had no idea of firing it. drew the pistol
with the intention of striking him with it.
| | thought l was in danger of being killed;
not know but the man with him was there
to help him."
DR.. A. A. Ames, Platt B. Walker and
many others testified to Mead's general
good disposition.
DIR. c. l.. KING,
physician and surgeon at Mandan, testified
that he was well acquainted with
both Mead and Farnsworth. 'Did
yOu cVcl NcdC IIdLh Mtdu lOl llSOlll-
MAP" "Yes, sir; | was his family
physician. Had to give him remedies for
sleeplessness. He was very much debili-
tated. From his condition had reason to
believe that his end would either be sui
eide or his incarceration in the insane asy-
lum." 'What was Farnsworth's size ?"
"He was large man, about five feet ten
and half or eleven; weighed little over
nOlndS F9rnS-
worth was like man beside boy.'
What was Mr.. Farnsworth's general rep
utation" HE was of a somewhat quar-
relsOme disposition. He was considered
aggressive when things did not go just to
suit him."
Gov. Davis here stated that the defense
had introduced all their witnesses except
Judge Flandreau, who was absent from
the city.
ST. PAUL, April 27.-A number of addi-
tional witnesses were examined in the
Mead murder trial this morning, but moth
ing material was elected. Attorney Gen.
eral Clapp summed up the case
FoT THE STATE
this afternoon, arguing that the question
of whether Mead's eyesight was defective
or not had nothing to do with his guilt. In
regard to the claim of insanity or weak
ened mind, if this man was insane it would
be very inconsistent to say that he was act
ing in self defense. Gov. G. K. Davis closed
the case
FOR THE DEFENSE,
alluding to his acquaintance with Mead
twenty years ago. "Now, twenty years
after that trial, 1 am here to de-
fend the life of my friend.
You can't know how this takes hold of my
heart strings. He has sat at my fireside
He has been my friend. l am going to de-
fend his life from the scatfold. May God
give me strength to do it. All of the testi-
mony goes to show that had Farnsworth
not grasped Mead's hands and pulled them
down that the revolver would never have
been fired. Does the testimony not appear
to you that during the melee, when Mead's
hands were grasped by the strong hands
Of Farnsworth, the revolver could have
been discharged accidentally, or by the act
of FarnsWorth himself, who was much
more powerful? We have shown you by
the testimony of eminent physicians that
the mind of Mead was affected. That
large-hearted, whole-sOuled physician, DR..
Ames, of Minneapolis, testified that he was
in danger Of becoming insane. An emf
nent physician of Excelsior testified that
Mead's mind was in such condition that
he was fearful that either suicide or an in
sane asylum would be the result of his dis
eased state. Now, gentlemen, take this
case and judge Frank Mead as you would
yom brother or your father.''
Governor Davis concluded at 4:37 p. m.
and Judge Brill commenced his
CHARGE TO THE JURY
at 4:3O p. m, going over the case as pre-
sented by each side. He explained to the
jury the difference between murder in the
first and second degree, and under what
conditions the prisoner could be acquitted.
The judge concluded at sos p. m, and the
case was given to the jury. The jury re-
turned at 6:20 with verdict of
NOT GUILTY.
A loud burst of applause resounded
throughout the court room, and Mrs. Mead
threw her arms about her husbands neck
and imprinted kiss upon his brow. Four
ballots were taken, one informal and the
others formal. On the first three ballots
ten were for acquittal and two for cOnvic-
ton Of murder in the second degree. On
the fourth ballot the vote was unanimous
for acquittal.